Section 25-25 Preliminary plat review.

    (a) Application for preliminary plat.

    (1)    The application shall include all land which the subdivider proposes to subdivide. All contiguous unplatted land under single ownership or control shall be included as part of the preliminary plat; however, no more than eighty (80) acres shall be required to be included in any preliminary plat. A preliminary plat which does not comply with this subsection (1) shall not be accepted for review. The application shall show all land which is immediately adjacent to the property proposed for subdivision, with the name of all subdivisions immediately adjacent, and for unsubdivided areas, the property owners as disclosed by records in the county assessor's office. This information may be shown on a separate map or exhibit.

    (2)    The application shall be accompanied by a minimum of nine (9) copies at the time of filing, with ten (10) additional copies to be provided by the applicant at the time of referral of the preliminary plat to the commission for review and recommendation.

    (b) The director shall refer the proposed preliminary plat to the appropriate city departments, together with an indication of its tentative agenda placement before the commission, and shall receive reports from the departments as to the conformance of the proposed plat with this chapter.

    (c) The director shall request the subdivider to make such changes to the plat as are necessary to cause the plat to be in conformance with the regulations and design standards contained herein.

    (d) The director shall forward the plat to the commission and advise the commission of the conformance or nonconformance of the plat with these regulations and standards.

    (e) After the commission has reviewed the preliminary plat, it shall approve, approve conditionally or disapprove the preliminary plat.

    (f) Failure of the commission to act within forty-five (45) calendar days after the date of application of the plat shall be deemed approval, except that the commission or director, with the consent of the subdivider, may extend this period to a stated future date.

    (g) If the commission approves a preliminary plat, a notation to that effect shall be made on the original tracing. If the commission approves the preliminary plat conditionally, a notation of the conditions or a reference to the same shall be entered on the original tracing itself and a record of the conditions shall be maintained in the city clerk's office. If the commission disapproves the preliminary plat, a notation shall not be made on the original tracing, but the commission shall forward a recommendation for disapproval with the reasons therefor to the council and such recommendation and reasons for disapproval shall be made a matter of record on the city clerk's office. The council, by a vote of not less than two-thirds of its entire membership, may overrule the disapproval.

    (h) The preliminary plat shall be forwarded to the council with the recommendation of the planning and zoning commission. The council shall take action on the plat by resolution.

    (i) Approval of a preliminary plat by the council shall confer upon the applicant for a period of seven (7) years, beginning at the effective date of council approval, the following rights:

    (1)    The terms and conditions under which the preliminary plat was given approval shall not be changed.

    (2)    The subdivider may submit on or before the expiration date the whole or any part of the subdivision for final approval.

    (3)    The time for filing of a final plat may be extended by the council for a specified period on such terms and conditions as the council may approve.

(Code 1964, § 19.524; Ord. No. 10099, § 1, 3-5-84; Ord. No. 15582, § 1, 4-20-98)

(15582, Amended, 04/20/1998, Prior Text)